• Legal rights of adoptive mother

Preamble:
My husband got divorced 4 years back and got custody of the 3-year-old kid. we got married a year later of his divorce. His ex-wife gave the complete custody of the kid to my husband and got married a week after the divorce was granted. she has free visitation rights.
Now, my husband's first wife has got divorced again. 
Problem:
1. What are the rights of his first wife on kid's possession? Can she go to court to seek the possession of the kid?
2. Do I need to mention the biological mother's name in the school admission application form?? If yes, what are my rights as I am guardian mother and taking care of him full time?
3. Can I mention my name in admission form instead of her name in mother/guardian section as a primary contact for all the school communications? We have not changed her name in birth certificate and have no intention of changing it in future also.
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Has deed of adoption been executed by the biological parents ? 

2) if not biological mother can claim visitation rights for child 

 

3) since as per consent terms husband has child custody she would not be awarded custody of child 

 

4) biological mother Name  has to be mentioned in school admission form 

 

5)  your husband name should be mentioned as primary contact 

Ajay Sethi
Advocate, Mumbai
96865 Answers
7814 Consultations

1. If your husband had got the custody of his son through Court's intervention, then his ex-wife will not have right for the custody of the child.

2. If you have registered Adoption Deed in your favour, then you will be entitled to mention your name as the child's mother. If not write his biological mother's name.

3.  For primary contact and for communication, you can mention your name as guardian.

Shashidhar S. Sastry
Advocate, Bangalore
5401 Answers
329 Consultations

1) No, she get go into court. If she goes in the court for custody, court won't entertain her against Divorced and child custody initially she has given to husband and got visitations rights.

 

2) If the school form require's that column to be fill up then its up-to you and your husband whose name should be entered in it.

 

3) Best way to apply legally as child mother then apply for adoption and get your name updated on each an every papers.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

No right of wife whose marriage has been annulled by a Competent Court giving her a visitation right may be on humanitarian grounds as per precedence and the cardinal Principles of Natural Justice. 

The Child is with father indicates the application of appropriate and Judicial mind of Presiding Judge who has paased the decree of divorce which has culminated the relationship of husband and child for ever. 

Now she has again married to someone else indicating instability of her mind to take firm and constant attention and decisions. 

Hence No chance for her to claim back the Custody of child.

Since your are natural Guardian and mother of child being married to the father of child you have Special rights to mention your name next to the father's name of child.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hello,

  1.  She can seek custody only if she succeeds in establishing before the court that the child is not being taken care. If his divorce was by mutual consent and the consent terms has clear stipulations about custody her chances of succeeding is almost nil.
  2.  As you don’t intend to change the biological mother’s name from the birth certificate, you will have to add her name in the admission form to avoid discrepancies.By the very fact that you are the adoptive mother, you step into the shoes of the real mother for all practical and legal purposes. She will only have visitation rights and nothing more.
  3.  You can certainly add your name as primary contact instead of her  name and if necessary inform the school authorities about your being the adoptive mother in actual custody to avoid any confusion.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

1. See being the biological mother of the child see can file a petition before court praying custody of the child however, your husband may contest same. 

2. Your name can be mentioned as a guardian in the school records since there is no legal adoption name of both the parents will be mentioned in the application. 

3. Yes, you can do that you can mention your name as guardian and primary contact in school form. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

1. No, once court granted custody to the husband and visitation right to her , then she cannot get possession of the child , specially when she got second time divorce. 

2. Since, your husband has got the custody of the kid at the time of getting divorce from her legally , and hence after the marriage with you , the custody will also in your favour , hence you can apply for getting entered your name in the birth certificate of the kid after moving an application before the registrar of birth , and further you can use your name accordingly. 

3. Reply as No.2

Mohammed Shahzad
Advocate, Delhi
14473 Answers
221 Consultations

1. Yes you can again claim custody of that child from court. 

2. Yes if it's required you need to mention the name

3.  You can mention your name if school authority permits you. But the biological mother may object

Prashant Nayak
Advocate, Mumbai
32457 Answers
200 Consultations

1. No

2. File a declaration suit for getting your name as MOTHER in his birth certificate. 

3. Yes 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. She's still the biological mother of the child,  she has not relinquished her rights on the child by executing any adoption deed. 

She can claim rights on the child even now. 

2. You are the step mother of the child hence the name of biological mother has to be mentioned in the school records. 

3. You can give your name as guardian for all contact purpose. 

T Kalaiselvan
Advocate, Vellore
87065 Answers
2338 Consultations

She is bound by previous agreement to sole custody to husband but may claim some more rights on daughter if no full custody.

You are not a guardian till child not adopted by you. Child biological mother name will only mention. 

Not permitted without due adoption.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

The child's biological mother can have visitation rights.

By the understanding of parties and court's order the custody is with biological father, as such, she cannot claim custody.

Child's biological mother's name has to be mentioned in the school certificate till you take adoption of the child by executing adoption deed / performing activity of taking in to adoption of child.

The biological father's name has to be mentioned in primary contact column.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1) if court granted custody order then she cannot get possession.. 

2) only biological mother name has to be mention in school records.

3) the  stepmother is appointed by a Court as legal guardian, the name of such a step-parent can be written as legal guardian.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. Yes she can file case for custody of her child but her claim for custody will stand no where if she gave up the custody on her own will. 

2. No need to write name of biological mother if you are taking care of child as mother. 

3. Yes you can mention your name as mother/ guardian and give your contact and primary number for communication.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

1. Yes, she can.,

2. Yes,

3. Yes.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Madam,

The adoptive child is as good as the biological child and in present case, the biological mother of the daughter can't succeed even if she wishes to have the custody of the child. You are suggested to use your name in the school records of the child. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

She cannot unless she objects to his behaviour detrimental to the welfare of the child.

Adopt the child. His father is the child's guardian.

You may do that if you want.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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